GUIDELINES FOR INDUSTRY ON CHILD ONLINE PROTECTION ITU & UNICEF www.itu.int/cop 1 Notices and Disclaimer This document may be updated from time to time. Updates can be found on the www.itu.int/cop. Third-party sources are quoted as appropriate. The International Telecommunication Union (ITU) and UNICEF are not responsible for the content provided by external sources including external websites referenced in this publication. Neither ITU, nor UNICEF, nor any person acting on their behalf is responsible for the use that might be made of the information contained in this publication. Mention of and references to specific countries or territories, companies, products, initiatives, company policies, practices or guidelines do not in any way imply that they are endorsed or recommended by ITU and/or UNICEF, the contributors, or any other organization that the authors are affiliated with, in preference to others of a similar nature that are not mentioned. This joint publication reflects the work of ITU and UNICEF with respect to an issue of common concern. The principles and policies of each agency are separately established and governed by the relevant decisions of its governing body. © International Telecommunication Union (ITU) and United Nations Children’s Fund (UNICEF), 2014. Requests to reproduce extracts of this publication may be submitted to: [email protected] and [email protected]. Acknowledgements This publication was developed through a consultative process led by the International Telecommunication Union (ITU) and UNICEF and benefited from the expertise of a wide range of contributors from leading institutions active in the information and communications technologies (ICT) sector and on child online safety issues. UNICEF Corporate Social Responsibility Unit: Amaya Gorostiaga, Eija Hietavuo UNICEF Child Protection Section: Clara Sommarin The document also benefited from the review of the following UNICEF colleagues: Christian Salazar, Maniza Zaman, Bo Viktor Nylund, Susan Bissell, Kerry Neal, Joost Kooijmans and Julia Schulteis. ITU: Carla Licciardello, Preetam Maloor, Despoina Sareidaki Editor: Catherine Rutgers ITU and UNICEF are grateful to Jenny Jones, GSMA and John Carr, Children’s Charities’ Coalition on Internet Safety, for their continuous support and invaluable guidance to the overall process. Moreover, we acknowledge the precious work of our COP Partners, especially (listed in alphabetical order): Anika Holterhof and Steven Malby, United Nations Office on Drugs and Crime (UNODC) 2 Anjan Bose, ECPAT International Ellen Blackler, The Walt Disney Company Francesca Bosco, United Nations Interregional Crime and Justice Research Institute (UNICRI) Giacomo Mazzone, European Broadcasters Union (EBU) Kim Sanchez, Microsoft Corporation Martin Schmalzried, Confederation of Family Organizations in the European Union (COFACE) Myla Pilao, Trend Micro Paul Cording, Vodafone Group Robert Shilling and Mick Moran, Interpol Roberto Masotti, Emanuela Negro, and Lara Campodonico, Telecom Italia Sandra Marchenko, International Centre for Missing and Exploited Children (ICMEC) Susie Hargreaves and Fred Langford, Internet Watch Foundation (IWF) Finally, ITU and UNICEF thank the wide range of stakeholders who contributed to the development of the content during the open consultation held in December 2013: Apple; BCS The Chartered Institute for IT; BSR; Centre for Abuse & Trauma Studies at Middlesex University; DotKids Foundation; Ericsson; European Commission Directorate-General for Communications Networks, Content and Technology; Facebook; Information Technology and Digital Media Development Center; INHOPE; Institute for Human Rights and Business; Internet Watch Foundation; International Centre for Missing & Exploited Children; LEGO; Millicom; Nokia; PEGI SA; Telecommunications Regulatory Authority Lebanon; Save the Children; Telenor Pakistan; TeliaSonera; Virtual Media Center of Kids and Teens 3 CONTENTS GLOSSARY ........................................................................................................... X PART ONE Introduction, key areas and general guidelines ................................................ X 1.1 Purpose ............................................................................................................ X 1.2 Background ...................................................................................................... X 1.3 Five key areas for protecting and promoting children’s rights .......................... X 1.4 General guidelines for all related industry ........................................................ X PART TWO Sector-specific checklists ................................................................................... X 2.1 Mobile operators .............................................................................................. X 2.2 Internet service providers ………...................................................................... X 2.3 Content providers, online retailers and app developers ................................... X 2.4 User-generated content, interactive and social media service providers ......... X 2.5 National and public service broadcasters ………………………......................... X 2.6 Hardware manufacturers, operating system developers and app stores ......... X 4 GLOSSARY Adolescent – UNICEF (and other United Nations agencies) define adolescents as people aged 10–19. It is important to note that ‘adolescents’ is not a binding term under international law, and those below the age of 18 are considered to be children, whereas those 18–19 years old are considered adults, unless majority is attained earlier under national law. Child – In accordance with article 1 of the Convention on the Rights of the Child, a child is anyone under 18 years old, unless majority is attained earlier under national law. Child rights impacts – Companies can impact the rights of children, either positively or negatively, through the ways in which they operate their facilities; develop, deliver and market products; provide services; apply leverage through business relationships with key stakeholders and partners; and exert influence on economic and social development. Under the United Nations Guiding Principles on Business and Human Rights, companies have a responsibility to identify, prevent, mitigate and, where appropriate, remediate their potential or actual negative impacts on human rights. Recognizing the need for explicit guidance about what it means for business to respect and support children’s rights, the United Nations Global Compact, Save the Children and UNICEF – together with companies and other stakeholders – released the Children’s Rights and Business Principles in March 2012. The Principles call on companies to respect children’s rights, avoid any infringement on the rights of children, and address any adverse child rights impact with which the business is involved. The Principles also encourage companies to support children’s rights by taking voluntary actions that seek to advance children’s rights through core business operations, products and services, strategic social investments, advocacy, public policy engagement, and working in partnership and other collective action. To access the full set of Children’s Rights and Business Principles, see www.unicef.org/csr/12.htm. Child sexual abuse material – Child sexual abuse material refers to any material that visually depicts a child in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes, including photography, video, drawings, cartoons, text and live streaming.1 Although the term ‘child pornography’ is used commonly in legislation and international conventions, this term is not used in the Guidelines for Industry on Child Online Protection because ‘pornography’ is frequently understood to be associated with depictions of sexual activity between consenting adults. For this reason, use of the term ‘child pornography’ can mischaracterize sexual representations where children are involved, since it does not highlight the abusive/exploitative aspects of this phenomenon or reflect the wide spectrum of child sexual abuse materials, and its use can therefore cause misunderstanding. Cyberbullying –International law does not define cyberbullying. For the purpose of this document is it defined as wilful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices. It may involve direct (such as chat or text messaging), semipublic (such as posting a harassing message on an e-mail list) or public communications (such as creating a website devoted to making fun of the victim).2 1 The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. 2 Schrock, A., and D. Boyd, ‘Online Threats to Youth: Solicitation, Harassment, and Problematic Content’, Berkman Center for Internet & Society, Cambridge, p. 21, http://cyber.law.harvard.edu/sites/cyber.law.harvard.edu/files/RAB_Lit_Review_121808_0.pdf. 5 Grooming – A process intended to lure children into sexual behaviour or conversations with or without their knowledge, or a process that involves communication and socialization between the offender and the child in order to make him or her more vulnerable to sexual abuse. The term ‘grooming’ has not been defined in international law; some jurisdictions,